What is the name of your state (only U.S. law)? California
What is the name of your state (only U.S. law)? California
I'm 19 and have no prior record. On 1/31, last Saturday, I was arrested at my aunts house, at first i was told for resisting arrest and later when i was let out of jail the ticket also said for underage drinking.
There was a party at my aunt's house and the cops came and said that there was a noise complaint. told us to turn it down and keep it down. about ten minutes later more cops showed up saying every one needed to be out. they wanted to come in and were told clearly that they could not come in unless they had a warrant. which they did not. they still came inside the gate and some of them came into the house and rushed every one out as well as busted in two bed room doors upstairs.
I was one of the last to come out because my cousin, age 5, was still inside asleep and my aunt and uncle were placed in hand cuffs and in the back of a cop car. when i got outside people were inside our gate but sitting down in lines and some were in cuffs.
I had been asking "what the **** is going on?" and asking them questions regarding to why my aunt and uncle had been cuffed, the cops got in my face, I'm guessing for being one of the last ones out and not shutting the **** up, and yelled "sit down or i'll sit you down." and i said "you don't have to sit me down." as in "I'll sit down myself." but he shoved me on the ground and i wasnt expecting to be shoved so i fell on my right knee (and cut it open). Then i guess because i still wasn't exactly "sitting" some one (cop) shoved me on the ground on my back and then one of them tazered me, another pepper sprayed me and then i got tazered again. one of them rolled me over and hand cuffed extremely tightly. They said i was resisting arrest, but i wasn't. If anything i was having a panic attack! (I suffer from depression and anxiety). They had my left hand cuffed and my right was under me. One of then yelled for me to get my hand on my back and i tried to lift my body of of it, but i was shoved right back down on it. i told him i was laying on it, he said he didn't care. Maybe they considered me freezing up and not moving quickly enought and doing what they said as resisting, but i couldn't move, i was imobolized my the taser and i couldn't see from the mace and quite honestly i was scared. i'd never even gotten a speeding or parking ticket. the the cop put the cuffs go on and then squeezed them a few times on purpose. i know they're not supposed to be comfortable, but it felt excessive. (once i was released i went to the er cause my hands were still numb and the dr told me it was a tendon that was hurt and i have to wear one of those braces for 1-2 weeks and i have to go to the dr again with in a week. my thumb is still numb today 2/2)
At the time I was hand cuffed i repeatedly asked if i was under arrest and no one answered me. then i asked that if i was under arrest for some one to read me my rights and no one did, and i was asked to get up but pepper sprayed and hand cuffed i couldn't get up, so i was dragged out of my aunt's property placed inside the cop car.
on the way to the cop car one of the cops said to me "you wanted to act like a man." which felt incredibly sexist to me. i felt he was insinuating that only men had the right to ask questions or demand their rights. once i was in the back seat, on officer came up to the car to ask me questions. i wasn't answering. i still hadnt been told i was under arrest or had my rights read to me. he told me to answer his questions or he would turn up the heat in the car and leave me in there for an hour. I also heard an other officer telling the other people there that the only reason they weren't in the back of a cop car was because they had shut up and weren't acting like me. I felt that all they did was try to make an example out of me for being one of the last ones out.
i was taken to the hospital as procedure because i was tazered and pepper sprayed but the cuffs didn't come off until i was in a holding cell. there i asked two of the officers there if i could see the nurse about my hand right after i was finger printed, about 5:30, and all they did was bring me and ice pack, maybe and hour before i was released, almost mid day.
i have to go to court for resisting arrest and underage drinking in march.
This is something I've read but i'm not sure its true:
"Another common offense is resisting arrest. While many charges of resisting arrest are justified, occasionally police officers who themselves are prone to violence or over-reaction might charge an individual with resisting arrest. As defined by the standard California jury instruction:
Every person who willfully resists, delays, or obstructs any [peace officer] [public officer] in discharge or attempt to discharge any duty of [his] [her] office or employment, and who knows or reasonably should know that the other person is a [peace officer] [public officer] engaged in the performance of [his] [her] duties, is guilty of a violation of Penal Code section 148, subdivision (a), a misdemeanor.
In order to prove this crime, each of the following elements must be proved:
1. A person willfully resisted, delayed, or obstructed a [peace officer] [public officer];
2. At the time the [peace officer] [public officer] was engaged in the performance of [his] [her] duties; and
3. The person who willfully resisted, delayed, or obstructed knew or reasonably should have known that:
(a) the other person was a [peace officer] [public officer];
(b) and was engaged in the performance of [his] [her] duties. (CALJIC 16.102)
Sometimes an officer may attempt to charge an individual with resisting arrest for merely verbal resistance, which may violate an individual's constitutional right to criticize the government under the First Amendment. In a resisting arrest trial, Mr. Feinland was given the following jury instruction in Contra Costa County:
A person may not interpose any obstacles which in any manner impedes, hinders, interrupts, or delays a lawful arrest; provided, however, mere verbal comments or remarks, including verbal challenges, protests and abuse directed at a police officer, cannot form the basis of a violation of Penal Code Section 148, as such conduct is protected by the First Amendment."
is this true? i know trying to fight this will be an uphill battle. my word against the cops. People present saw but they are family members and were taken in too, i don't know if they will be allowed to testify. What penalties am I looking at? i have no previous record. I'm a full time student and it would really set me back if i had to go to jail. is there any chance of me having to pay only fines?
What is the name of your state (only U.S. law)? California
I'm 19 and have no prior record. On 1/31, last Saturday, I was arrested at my aunts house, at first i was told for resisting arrest and later when i was let out of jail the ticket also said for underage drinking.
There was a party at my aunt's house and the cops came and said that there was a noise complaint. told us to turn it down and keep it down. about ten minutes later more cops showed up saying every one needed to be out. they wanted to come in and were told clearly that they could not come in unless they had a warrant. which they did not. they still came inside the gate and some of them came into the house and rushed every one out as well as busted in two bed room doors upstairs.
I was one of the last to come out because my cousin, age 5, was still inside asleep and my aunt and uncle were placed in hand cuffs and in the back of a cop car. when i got outside people were inside our gate but sitting down in lines and some were in cuffs.
I had been asking "what the **** is going on?" and asking them questions regarding to why my aunt and uncle had been cuffed, the cops got in my face, I'm guessing for being one of the last ones out and not shutting the **** up, and yelled "sit down or i'll sit you down." and i said "you don't have to sit me down." as in "I'll sit down myself." but he shoved me on the ground and i wasnt expecting to be shoved so i fell on my right knee (and cut it open). Then i guess because i still wasn't exactly "sitting" some one (cop) shoved me on the ground on my back and then one of them tazered me, another pepper sprayed me and then i got tazered again. one of them rolled me over and hand cuffed extremely tightly. They said i was resisting arrest, but i wasn't. If anything i was having a panic attack! (I suffer from depression and anxiety). They had my left hand cuffed and my right was under me. One of then yelled for me to get my hand on my back and i tried to lift my body of of it, but i was shoved right back down on it. i told him i was laying on it, he said he didn't care. Maybe they considered me freezing up and not moving quickly enought and doing what they said as resisting, but i couldn't move, i was imobolized my the taser and i couldn't see from the mace and quite honestly i was scared. i'd never even gotten a speeding or parking ticket. the the cop put the cuffs go on and then squeezed them a few times on purpose. i know they're not supposed to be comfortable, but it felt excessive. (once i was released i went to the er cause my hands were still numb and the dr told me it was a tendon that was hurt and i have to wear one of those braces for 1-2 weeks and i have to go to the dr again with in a week. my thumb is still numb today 2/2)
At the time I was hand cuffed i repeatedly asked if i was under arrest and no one answered me. then i asked that if i was under arrest for some one to read me my rights and no one did, and i was asked to get up but pepper sprayed and hand cuffed i couldn't get up, so i was dragged out of my aunt's property placed inside the cop car.
on the way to the cop car one of the cops said to me "you wanted to act like a man." which felt incredibly sexist to me. i felt he was insinuating that only men had the right to ask questions or demand their rights. once i was in the back seat, on officer came up to the car to ask me questions. i wasn't answering. i still hadnt been told i was under arrest or had my rights read to me. he told me to answer his questions or he would turn up the heat in the car and leave me in there for an hour. I also heard an other officer telling the other people there that the only reason they weren't in the back of a cop car was because they had shut up and weren't acting like me. I felt that all they did was try to make an example out of me for being one of the last ones out.
i was taken to the hospital as procedure because i was tazered and pepper sprayed but the cuffs didn't come off until i was in a holding cell. there i asked two of the officers there if i could see the nurse about my hand right after i was finger printed, about 5:30, and all they did was bring me and ice pack, maybe and hour before i was released, almost mid day.
i have to go to court for resisting arrest and underage drinking in march.
This is something I've read but i'm not sure its true:
"Another common offense is resisting arrest. While many charges of resisting arrest are justified, occasionally police officers who themselves are prone to violence or over-reaction might charge an individual with resisting arrest. As defined by the standard California jury instruction:
Every person who willfully resists, delays, or obstructs any [peace officer] [public officer] in discharge or attempt to discharge any duty of [his] [her] office or employment, and who knows or reasonably should know that the other person is a [peace officer] [public officer] engaged in the performance of [his] [her] duties, is guilty of a violation of Penal Code section 148, subdivision (a), a misdemeanor.
In order to prove this crime, each of the following elements must be proved:
1. A person willfully resisted, delayed, or obstructed a [peace officer] [public officer];
2. At the time the [peace officer] [public officer] was engaged in the performance of [his] [her] duties; and
3. The person who willfully resisted, delayed, or obstructed knew or reasonably should have known that:
(a) the other person was a [peace officer] [public officer];
(b) and was engaged in the performance of [his] [her] duties. (CALJIC 16.102)
Sometimes an officer may attempt to charge an individual with resisting arrest for merely verbal resistance, which may violate an individual's constitutional right to criticize the government under the First Amendment. In a resisting arrest trial, Mr. Feinland was given the following jury instruction in Contra Costa County:
A person may not interpose any obstacles which in any manner impedes, hinders, interrupts, or delays a lawful arrest; provided, however, mere verbal comments or remarks, including verbal challenges, protests and abuse directed at a police officer, cannot form the basis of a violation of Penal Code Section 148, as such conduct is protected by the First Amendment."
is this true? i know trying to fight this will be an uphill battle. my word against the cops. People present saw but they are family members and were taken in too, i don't know if they will be allowed to testify. What penalties am I looking at? i have no previous record. I'm a full time student and it would really set me back if i had to go to jail. is there any chance of me having to pay only fines?